Florida Senate - 2021 SB 214 By Senator Brandes 24-00317A-21 2021214__ 1 A bill to be entitled 2 An act relating to physician certifications for the 3 medical use of marijuana; amending s. 381.986, F.S.; 4 increasing the number of consecutive supply limits of 5 marijuana a qualified physician may issue in his or 6 her physician certification for the medical use of 7 marijuana; providing a higher supply limit for certain 8 disabled qualified patients; revising the frequency 9 with which qualified physicians must evaluate existing 10 qualified patients for a physician certification for 11 the medical use of marijuana; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraphs (f) and (g) of subsection (4) of 17 section 381.986, Florida Statutes, are amended to read: 18 381.986 Medical use of marijuana.— 19 (4) PHYSICIAN CERTIFICATION.— 20 (f) A qualified physician may not issue a physician 21 certification for more than fivethree70-day supply limits of 22 marijuana or more than tensix35-day supply limits of marijuana 23 in a form for smoking. If the qualified patient is a service 24 disabled veteran as defined in s. 295.187(3) or a totally and 25 permanently disabled person as defined in s. 196.012(11), a 26 qualified physician may not issue a physician certification for 27 more than ten 70-day supply limits of marijuana or more than 28 twenty 35-day supply limits of marijuana in a form for smoking. 29 The department shall quantify by rule a daily dose amount with 30 equivalent dose amounts for each allowable form of marijuana 31 dispensed by a medical marijuana treatment center. The 32 department shall use the daily dose amount to calculate a 70-day 33 supply. 34 1. A qualified physician may request an exception to the 35 daily dose amount limit, the 35-day supply limit of marijuana in 36 a form for smoking, and the 4-ounce possession limit of 37 marijuana in a form for smoking established in paragraph 38 (14)(a). The request shall be made electronically on a form 39 adopted by the department in rule and must include, at a 40 minimum: 41 a. The qualified patient’s qualifying medical condition. 42 b. The dosage and route of administration that was 43 insufficient to provide relief to the qualified patient. 44 c. A description of how the patient will benefit from an 45 increased amount. 46 d. The minimum daily dose amount of marijuana that would be 47 sufficient for the treatment of the qualified patient’s 48 qualifying medical condition. 49 2. A qualified physician must provide the qualified 50 patient’s records upon the request of the department. 51 3. The department shall approve or disapprove the request 52 within 14 days after receipt of the complete documentation 53 required by this paragraph. The request shall be deemed approved 54 if the department fails to act within this time period. 55 (g) A qualified physician must evaluate an existing 56 qualified patient at least once every 5230weeks, or at least 57 once every 104 weeks if the qualified patient is a service 58 disabled veteran as defined in s. 295.187(3) or a totally and 59 permanently disabled person as defined in s. 196.012(11), before 60 issuing a new physician certification. A physician must: 61 1. Determine if the patient still meets the requirements to 62 be issued a physician certification under paragraph (a). 63 2. Identify and document in the qualified patient’s medical 64 records whether the qualified patient experienced either of the 65 following related to the medical use of marijuana: 66 a. An adverse drug interaction with any prescription or 67 nonprescription medication; or 68 b. A reduction in the use of, or dependence on, other types 69 of controlled substances as defined in s. 893.02. 70 3. Submit a report with the findings required pursuant to 71 subparagraph 2. to the department. The department shall submit 72 such reports to the Consortium for Medical Marijuana Clinical 73 Outcomes Research established pursuant to s. 1004.4351. 74 Section 2. This act shall take effect July 1, 2021.